Cohabitation Agreements

Unmarried couples who are living together have the option of creating a number of legal documents (often called “cohabitation agreements”) that can help protect their rights as a couple, while at the same time safeguarding their individual interests and assets. Since unmarried couples who live together may one day split up, especially outside of the legal bonds and social institution of marriage, it makes sense to plan ahead in order to avoid future conflicts. This sub-section includes information about when you might need a cohabitation agreement; what it can do for you; the different ways they can be drafted; and related matters such as wills and durable power of attorney.

An overview of nonmarital agreements (sometimes referred to as “living together contracts”). Learn about how unmarried couples can create contracts between themselves that define their rights and obligations.

A look at the enforceability of living together contracts. In this section, you’ll find information on the requisite elements of a valid cohabitation agreement, things that could make a nonmarital agreement unenforceable, and more.

This sample form will give you an idea of what a cohabitation agreement looks like and the terms and provisions typically involved, including a breakdown of shared expenses and an assignment of rights.

Unmarried cohabitants may leave estate property to one another upon death in a will. In addition, a partner can draft a living will (also called a “healthcare directive”) dictating his or her wishes with regard to medical treatment.